All Articles

Food & Beverage

Food Safety Modernization Act Pushes Food Safety Regulation Into New Era Of Prevention

On January 4, 2011, President Obama signed into law the most comprehensive food safety reform in U.S. history: the Food Safety Modernization Act (FSMA, pronounced "fizz-ma" by those working to implement the law). While the Federal Food, Drug, and Cosmetic Act of 1938 (FFDCA) and the...

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Regulatory & Compliance

Supreme Court Gives Guidance On Materiality Standard Under Federal Securities Laws

In Matrixx Initiatives, Inc. v. Siracusano ,1the Supreme Court provided insight into how to assess the materiality of information in the context of the federal securities laws. Applying its materiality test from Basic, Inc. v. Levinson, 2the Court considered whether a series of adverse event...

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America Invents Act: Congress Advances Patent Reform

On March 8, 2011, the U.S. Senate passed S.23, the "America Invents Act," by a bipartisan vote of 95 to 5, representing a significant overhaul of the U.S. patent system.1A similar bill, H.R.1249, is now about to be considered for debate on the floor of the U.S. House of Representatives...

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Developments in U.S. Export and Import Policy and Law

Editor: Please describe the multiple agencies that control export rules. Should they be brought under one agency? McCarthy: The three primary agencies are the Bureau of Industry and Security (BIS), the Directorate of Defense Trade Controls (DDTC), and the Office of Foreign Assets Control (...

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Making Sense Of Recent HIPAA Enforcement Activity

In the first few months of 2011, the U.S. Department of Health and Human Services Office for Civil Rights issued its first-ever civil monetary penalty, against Cignet Health, for alleged privacy violations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), exacted a $1...

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Delaware Court Upholds Airgas Board's Use Of Poison Pill

In a much-anticipated decision, the Delaware Chancery Court, on February 15, 2011, upheld the continuing use of a poison pill by the board of directors of Airgas, Inc. to fend off a year-long takeover attempt by Air Products and Chemicals, Inc.1In declining to order the redemption of the poison...

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Anti-Corruption

UK Bribery Act To Come Into Force On July 1, 2011; Final Guidance Issued

On March 30, 2011, the UK government announced that the new UK Bribery Act (the Act) will come into force on July 1, 2011. At the same time, final joint prosecution guidance1has been issued by the Serious Fraud Office (SFO) and the Director of Public Prosecutions (DPP) on the approach toward...

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